Link MBNA Claim Urgent Help needed please!

[gforce2k]

Re: Link MBNA Claim Urgent Help needed please!

AAAArgh, decided not to fax the amended defence until tomorrow morning in the hope that PT/Site team and others will comment, but nothing yet!

This is the last ditch attempt to get advice before shooting this over so can anyone tell me how to highlight this post/thread to the site team please?

In the meantime M1 i've changed to 'partially legible' rather than illegible, not ideal but a bit more flexibility I hope.

Thanks
gf

[toomanycalls]

Re: Link MBNA Claim Urgent Help needed please!

Try a few PM's mate, its worked for me before.

[MIKE770]

Re: Link MBNA Claim Urgent Help needed please!

Bump

[gforce2k]

Re: Link MBNA Claim Urgent Help needed please!

Have PMd a few people but nothing so far.
I only need a quick review and comment by someone.
even if just to say no comment, go ahead with faxing defence etc. that's better than the limbo i'm in right now.
Will have to send as is if don't hear anything soon.
PT of the site team cam you help me out?

[pt2537]

Re: Link MBNA Claim Urgent Help needed please!

Have PMd a few people but nothing so far.
I only need a quick review and comment by someone.
even if just to say no comment, go ahead with faxing defence etc. that's better than the limbo i'm in right now.
Will have to send as is if don't hear anything soon.
PT of the site team cam you help me out?

sorry im short of time at present,

I have a number of engagements which will not allow me time on the forums im afraid

[gforce2k]

Re: Link MBNA Claim Urgent Help needed please!

Thanks anyway PT.
anyone else you could suggest?

[Garlok]

Re: Link MBNA Claim Urgent Help needed please!

To be completely honest gforce, I think I would be asking for an adjournment if at all possible and go and seek professional advice. I have always been an advocate of proper legal representation from early on in a case but tend to get berated for it on these types of forums.

The situation of the LIP is infinitely more difficult than it used to be and some pretty poor defences offered by forums has compounded that with case law history being built up.

The only other thing is to run ewith what you believe to be best, take it on the nose whatever happens for now and then seek a set aside with professional help, if the evidence is good enough, at a later date.

regards
Garlok

[Angry Cat]

Re: Link MBNA Claim Urgent Help needed please!

To be completely honest gforce, I think I would be asking for an adjournment if at all possible and go and seek professional advice. I have always been an advocate of proper legal representation from early on in a case but tend to get berated for it on these types of forums.

The situation of the LIP is infinitely more difficult than it used to be and some pretty poor defences offered by forums has compounded that with case law history being built up.

The only other thing is to run ewith what you believe to be best, take it on the nose whatever happens for now and then seek a set aside with professional help, if the evidence is good enough, at a later date.

regards
Garlok

Agree!

Furthermore, both MBNA and Link Financial need to be brought to account and only expert/specialist advice will achieve same.

[basa48]

Re: Link MBNA Claim Urgent Help needed please!

Does the 'agreement' MBNA sent you look like anything you would have signed? Or is it possible 'something' else was added to something you did sign (like an application form).

The reason I ask is that it is going to be difficult to prove non compliance just through illegibility since the creditor will just provide a similar legible copy and say this is what the debtor would have signed. You have to cast doubt that the prescribed terms were ever present at inception, i.e. not part of the signature document.

Also why does everyone write WSs in the 3rd person ("the defendant said" style) rather than 1st person ("I said" style). You are the defendant, it is your statement.

[Angry Cat]

Re: Link MBNA Claim Urgent Help needed please!

Ok just a pointer, but get "template" defences out of your head.

Everyone has different methods, different firms will work different ways etc, but my approach to a claim is not to use a template but to plead each defence on its own merits.

you need to answer their claim against you, you need to highlight any failings, such as a breach of s78(1) and the reasons why and also things like Default notices and why they are not compliant etc

Just a reminder of PT's advice, of which I personally agree.

Template defences are good as a guideline.

But, no one knows the particulars of your defence better than, you!

Keep the wording short and straight to the point though, as judges do not have the time to trawl through laborious wordings.

[gforce2k]

Re: Link MBNA Claim Urgent Help needed please!

Hi all,
defence went in and this has been stayed for over 6 weeks now waiting for a response.
Is this a sign that L**K Financial don't think they can win or are they waiting for me to make an application/mistake?

Should I apply to strike out via N244 for £45 or write another letter to the court requesting same as their claim is a waste of the court's time?

cheers,
gf2k

[mongerer]

Re: Link MBNA Claim Urgent Help needed please!

I note in post #1 that a letter from Link states that MBNA have assigned the outstanding balance to Link. I may be misunderstanding the principals of equitable and absolute assignments but surely this is an indication that they only have an equitable assignment and that their right to action should be challenged.
If so, how is it possible that they could issue a claim in their own name?

[Garlok]

Re: Link MBNA Claim Urgent Help needed please!

As I understand it mongerer, a notice of assignment does not necessarily have to come from the OC. What is important is the deed of assignment which of course if it only equitable, Link will not have.

Link also do not like to be challenged with the fact that absolute assignment also carries with the full liabilities and obligations on the part of the creditor with it. There is no get out for them.

regards
Garlok

[Angry Cat]

Re: Link MBNA Claim Urgent Help needed please!

: Link also do not like to be challenged with the fact that absolute assignment also carries with the full liabilities and obligations on the part of the creditor with it. There is no get out for them.
regards
Garlok

MBNA, do like to keep one finger in the cherry pie, so to speak...

[mongerer]

Re: Link MBNA Claim Urgent Help needed please!

Sorry, not sure I made myself very clear. My point was that the 'hello' letter from Link seems to imply the assignment was equitable in that only the outstanding debt was transferred. As such they would not be able to bring this action in their own name, yet they are the only claimant stated on the N1.
Would it not be prudent to want the court to prove that Link have a legal right to bring this action?